Industrial_Relations_Court_of_Australia
Industrial Relations Court of Australia
Former Australian superior court 1994–1997
The Industrial Relations Court of Australia was a short-lived Chapter III Court whose jurisdiction was transferred from the Federal Court in 1994,[1] and transferred back in 1997.[2][3] In the words of former Chief Justice Robert French, "The tide went in, the tide went out".[4] Every judge had a concurrent appointment in the Federal Court.[5] Despite the transfer of jurisdiction, any existing matter or appeal from an existing matter remained in the Industrial Relations Court of Australia,[6] with the result that the last case was not finally disposed of until 2005/6.[7] The Court was not to be abolished until after the last judge had retired.[2] The last judge to retire was Anthony North on 11 September 2018.[8] The court was formally abolished on 1 March 2021.[9]
The court was the latest in a line of specialist federal courts dealing with industrial relations matters,[10] being the Commonwealth Court of Conciliation and Arbitration (1904–1956), whose court and arbitration functions were divided as a result of the Boilermakers' case,[11] succeeded by Commonwealth Industrial Court (1956–1973), which was renamed as the Australian Industrial Court (1973–1977).[4] The last remaining judge of the Australian Industrial Court, Ray Northrop was appointed to the new court.[12]
The creation of a specialist court was controversial,[13] with academics Breen Creighton and Andrew Stewart stating that it was not clear that the creation of the court would serve any useful purpose.[14] One of those opposed to the creation of the court was Federal Court judge Murray Wilcox who was subsequently offered appointment as Chief Justice. Wilcox reminded the Attorney-General, Michael Lavarch, of his opposition, to which Lavarch responded that Wilcox's knowledge of the pitfalls would help the court to avoid them.[15]